Who Is at Fault in a Rear-End Collision in New York?

The General Rule

New York courts have long held that a rear-end collision with a stopped or stopping vehicle creates a presumption of negligence against the rear driver. Drivers are expected to maintain a safe following distance and to anticipate that traffic ahead may stop suddenly.

Exceptions That Shift or Share Fault

The presumption can be rebutted. A lead driver who cuts in abruptly, stops without reason, drives with broken brake lights, or reverses unexpectedly may bear some or all of the blame. Multi-car chain reactions complicate fault even further.

Comparative Negligence in New York

Because New York follows pure comparative negligence, fault can be apportioned between drivers. If you're found 20 percent responsible, your recovery is reduced by 20 percent — but you can still recover. This is why insurers fight hard over percentages.

Protecting Your Claim

Photographs, witness statements, and the police report all help establish what really happened. If you've been rear-ended and injured, an attorney can counter the insurer's attempts to pin avoidable blame on you.